2271

Transfer of Property Forfeited under the Magnuson Fisheries Conservation and Management Act from the Department of Justice to the National Oceanic and Atmospheric Administration

BACKGROUND: The Magnuson Fisheries Conservation and Management Act, (MFCMA) 16 U.S.C. §§ 1801-1882, was enacted as part of an overall effort to conserve and manage the fishery resources found off the coasts of the United States. The National Oceanic and Atmospheric Administration (NOAA), an agency of the Department of Commerce, is responsible for investigating violations which occur under the MFCMA. The Act provides that any fishing vessel used, and any fish taken or retained, in violation of Section 1857 of the Act, shall be subject to forfeiture pursuant to a civil proceeding under section 1860. Ordinarily, the property (defined as proceeds from the sale of perishable goods or a bond) seized for forfeiture pursuant to the MFCMA is held in the court registry pending the outcome of the forfeiture proceeding. However, under the MFCMA, a different disposition of the proceeds is possible. The purpose of the Department's policy is to establish guidelines for litigating and processing MFCMA forfeitures in order to facilitate the transfer of forfeited assets to NOAA. [cited in USAM 9-116.600]